PREMISES AFFECTED - 4 Marion Walk, Borough of Queens.
155-04-A
APPLICANT - Walter T. Gorman, P.E., for Breezy Point Cooperative, Inc, owner; Richard & Dawn Hennessy, lessees.
SUBJECT - Application April 12, 2004 - Proposed enlargement of the first floor, and the addition of a new second floor, to an existing one family dwelling, not fronting on a legally mapped street, is contrary to Section 36, Article 3 of the General City Law.
PREMISES AFFECTED - 4 Marion Walk, southwest corner of West End Avenue, Block 16350, Part of Lot 400, Borough of Queens.
COMMUNITY BOARD #14
APPEARANCES -
For Applicant: John Ronan.
ACTION OF THE BOARD - Appeal granted on condition.
THE VOTE TO GRANT -
Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Miele, Commissioner Caliendo and Commissioner Chin...... 5
Negative:...... 0
THE RESOLUTION -
WHEREAS, the decision of the Queens Borough Commissioner, dated March 22, 2004 acting on Department of Buildings ALT 1. Application No. 401841316, reads in pertinent part:
“Proposal to enlarge the existing first floor and construct a new second floor on a home which lies within an R-4 district but does not front on a mapped street (Marion Walk) is contrary to Article 3, Section 36 (2) of the General City Law and contrary to section 27-291 of the NYC Building Code and must therefore be referred to the Board of Standards and Appeals for approval”; and
WHEREAS, a public hearing was held on this application on August 17, 2004 after due notice by publication in the City Record, and then to decision on September 14, 2004; and
WHEREAS, by letter dated March 10, 2003, the Fire Department states that it has reviewed the above project and has no objections; and
WHEREAS, the applicant has submitted adequate evidence to warrant this approval under certain conditions.
Resolved, that the decision of the Queens Borough Commissioner, dated January 30, 2004 acting on Department of Buildings ALT 1. Application No. 401841316 is modified under the power vested in the Board by Section 36 of the General City Law, and that this appeal is granted, limited to the decision noted above, on condition that construction shall substantially conform to the drawing filed with the application marked, “Received August 19, 2004”-(1) sheet; and that the proposal comply with all applicable R4 zoning district requirements and that all applicable laws, rules, and regulations shall be complied with, and on further condition:
THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only;
THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; and
THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plan(s) and/or configuration(s) not related to the relief granted.
Adopted by the Board of Standards and Appeals, September 14, 2004.